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· 7/15/1856

Magruder v. State Bank

Citations

  • 18 Ark. 9

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that plaintiffs claims before the Court of Federal Claims arose “out of the same operative facts” as the claims before the board
  • finding that plaintiffs claims before the Court of Federal Claims arose “out of the same operative facts” as the claims before the board
  • “With the government’s common law right of setoff acknowledged,” the Contract I judgment “is not the type of private property interest taken for public use from which a compensatory taking under the Fifth Amendment to the Constitution arises.”
  • “ESCI filed an appeal on the contracting officer’s June 1998 termination for default under Contract II, but did not appeal the December 3, 2001 COFD, which assessed $167,691.75 in liquidated damages and repro-curement costs, also on Contract II.”
  • “With the government’s common law right of setoff acknowledged,” the Contract I judgment “is not the type of private property interest taken for public use from which a compensatory taking under the Fifth Amendment to the Constitution arises.”
  • “The court notes that even if the plaintiffs 12-month CDA clock had begun with the conclusion of ASBCA proceedings on Contract I ... an April 28, 2009, CDA based complaint filed in [the Claims Court] would not have been timely”

Source: CourtListener parenthetical corpus (CC0).

Judges: English, Hon, Neely

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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